Felony Conviction Divorce Lawyer in Stafford County, Virginia
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91. If your spouse is convicted of a felony and sentenced to confinement for one year or more, you can file for divorce immediately. Law Offices Of SRIS, P.C. provides experienced legal guidance for felony conviction divorce cases in Stafford County.
Last verified: April 2026 | Stafford County General District Court | Virginia General Assembly
Virginia Law on Divorce After a Felony Conviction
Virginia law provides specific fault grounds for divorce, including a spouse’s felony conviction. Under Va. Code § 20-91, you may seek a divorce from bed and board (a legal separation) or a divorce from the bonds of matrimony (a full, absolute divorce) if your spouse has been convicted of a felony and sentenced to confinement for one year or more. The conviction must be final, meaning all appeals have been exhausted or the time for appeal has passed. This statute provides a clear legal path for spouses affected by criminal activity, distinct from no-fault separation periods. The case is filed in the Stafford County Circuit Court.
- Gather certified documentation of the final felony conviction and sentencing order.
- File a Complaint for Divorce citing felony conviction as the ground in Stafford County Circuit Court.
- Serve the complaint on your incarcerated spouse according to Virginia rules for service on prisoners.
- Attend any required hearings to present evidence of the conviction.
- Obtain the final decree of divorce from the court.
Legal Process and Considerations
While the felony ground can expedite the divorce itself, it does not automatically decide issues of equitable distribution, spousal support, or child custody. These matters are adjudicated separately under statutes like Va. Code § 20-107.3 (equitable distribution). The court may consider the circumstances of the conviction when dividing property or determining support. For child custody, the conviction is a significant factor under the child’s best interest standard in Va. Code § 20-124.3, particularly if the crime involved violence, abuse, or moral turpitude.
In Stafford County, a divorce based on a spouse’s felony conviction is a fault ground that does not require a waiting period, but it requires precise legal documentation and court procedure.
Case Results and Firm Authority
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined attorney experience. We have achieved 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. In Stafford County, we have 119 total documented case results across all practice areas.
Results may vary. Prior results do not aim for a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative experience informs our strategic approach to all family law matters, including those involving a criminal conviction divorce lawyer in Stafford County.
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Stafford County courts. We are accessible via I-95 and Route 1. We provide representation for felony conviction divorce lawyer Stafford County cases and serve the communities of Stafford, Aquia Harbour, and Brooke. 24/7 phone consultations are available at (888) 437-7747 — meetings by appointment only.
Felony Conviction Divorce FAQs for Stafford County
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. A felony conviction with a sentence of one year or more is a fault ground for divorce under Va. Code § 20-91. You can file immediately after the conviction is final, without a separation period.
How does a felony conviction affect child custody in a Stafford County divorce?
It depends on the nature of the crime and its relation to parental fitness. The court must decide custody based on the child’s best interests under Va. Code § 20-124.3. A violent felony or crime against a child will weigh heavily against the convicted parent’s custody or visitation rights.
Do I need a lawyer for a divorce after a felony conviction?
Yes. The process requires precise legal documentation, proper service on an incarcerated spouse, and handling separate hearings for divorce grounds, property division, and custody. An experienced felony conviction divorce lawyer in Stafford County is essential.
What if the felony conviction is being appealed?
You typically must wait until the appeal is resolved or the time to appeal has expired. The divorce ground requires a final conviction. A criminal conviction divorce lawyer in Stafford County can advise on timing based on the specific case status.
Can a felony conviction impact spousal support or property division?
Yes. Under Va. Code § 20-107.1 and § 20-107.3, the court may consider the circumstances of the felony, such as if it dissipated marital assets or negatively impacted the family’s economic standing, when deciding support and equitable distribution.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Stafford County and DUI defense in Stafford County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Stafford County, and our page on felony conviction divorce cases across Virginia walks through each stage.